Carr v. Luscher
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Tibbets, J. The plaintiff in error appeared as defendant in justice’s court and was entitled to appeal. The issues can be made up in the appellate court, and the trial court erred in sustaining the motion of plaintiff below to strike out that portion of the amended answer setting up a counter-claim. (Smith v. Borden, 22 Neb., 488; Andrews v. Mullin, 14 Id.", 248; Sanchez v. Candelaria, 23 Pac.
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Error to the district court for Lancaster county. Tried below before Tibbets, J. The plaintiff in error appeared as defendant in justice’s court and was entitled to appeal. The issues can be made up in the appellate court, and the trial court erred in sustaining the motion of plaintiff below to strike out that portion of the amended answer setting up a counter-claim. (Smith v. Borden, 22 Neb., 488; Andrews v. Mullin, 14 Id.", 248; Sanchez v. Candelaria, 23 Pac. Rep. [N. M.], 239; Wagner v. Evers, 20 Neb., 183; Code Civil Procedure, secs. 951, 1010.) The same issues must be tried on appeal…
1Opinion of the Court
Maxwell, Ch. J.
The defendant in error brought an action against the plaintiff in error before a justice of the peace to recover the sum of $63.25. A summons was duly issued and served, which was returnable June 30, 1890, at 9 o’clock A. M. At the time to which the cause was continued the plaintiff in error failed to appear and judgment was rendered against him for the sum of $63.25 and costs. He then appealed the cause to the district court and in that court *320filed an answer to the petition of the defendant in error as follows:
“Comes now the above named defendant and for amended answer to the…
2Cases cited4 opinions
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Cleghorn v. WatermanNebraska Supreme Court · 1884
- Crippen v. ChurchNebraska Supreme Court · 1885
- Smith v. BordenNebraska Supreme Court · 1887
3Cited by4 opinions
- Allen v. American Building & Loan Ass'nSupreme Court of Minnesota · 1892
- Burcell v. GoldsteinNorth Dakota Supreme Court · 1912
- Crumay v. HenryNebraska Supreme Court · 1894
- McGinnis v. R. K. Johnson Co.Nebraska Supreme Court · 1905